ILLINOIS POLLUTION CONTROL BOARD
    December 17, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    JAMES PATTON, an individual d/b/a
    A & J MANUFACTURING,
    Respondent.
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    PCB 98-61
    (Enforcement - RCRA)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On
    November 4
    , 1998, the parties filed a stipulation and proposal for settlement. The
    Board accepts the stipulation and proposal for settlement filed by the parties in this matter.
    The complaint alleged that respondent violated Sections 21(a), 21(b), and 21(i) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(a), 21(b), 21(i) (1996)) and 35 Ill. Adm.
    Code 703.121(a) and (b), 703.150(a), 722.134(a), 725.292(g), 725.151, 725.152(e), and
    722.141(a) by operating a hazardous waste storage facility without a permit and failing to
    submit an annual report.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1996)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The Board did not receive any requests for
    hearing. Accordingly, the Board grants a waiver of the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent
    admits the alleged violations and agrees to pay a civil penalty of $8,000. Respondent must
    continue to comply with any federal, State, or local regulations including, but not limited to,
    the Act and the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    2
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and the respondent, James Patton d/b/a A & J
    Manufacturing, located at 8058 West Grand Avenue, River Grove, Cook
    County, Illinois. The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
    2. The respondent shall pay the sum of $8,000 concluding no later than
    October 17, 1999. Payment shall be made pursuant to the following schedule:
    a.
    $2,000 within 30 days from the date of this final Board order approving
    the parties’ stipulation and proposal for settlement; and
    b. the second payment of $2,000 shall be due 120 days after the due date of
    the previous payment. The subsequent payments will be due on the 90th
    day following the prior payment due date.
    Such payment shall be made by certified check or money order payable to the
    Treasurer of the State of Illinois, designated to the Environmental Protection
    Trust Fund. The case number, case name, and respondent’s social security
    number shall also be included on the check (or money order) and should clearly
    indicate that payment is directed to the Environmental Protection Trust Fund.
    3.
    The check (or money order) shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003), as now or hereafter amended, from the date payment is due
    until the date payment is received. Interest shall not accrue during the pendency
    of an appeal during which payment of the penalty has been stayed.
    5.
    Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 17th day of December 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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